The office of chief justice Raymond Zondo says discussions are ongoing to determine whether judge Tshifhiwa Maumela should continue presiding over the trial of slain Bafana Bafana goalkeeper Senzo Meyiwa.
Zondo’s office has in the same breath dismissed reports that judge Ratha Mokgoatlheng had been appointed to preside over the trial, saying Maumela is still on the case.
“Deputy judge president [Aubrey] Ledwaba confirmed that he is currently engaged in the judicial case management of the matter and how it will be dealt with going forward. He is also in touch with the DPP [director of public prosecution] and all legal representatives of the accused.
“The issue of who will preside in the trial [of Meyiwa] will be determined in due course, taking into account all relevant factors,” the office said.
Meyiwa was gunned down at his girlfriend Kelly Khumalo’s home in Vosloorus, on the East Rand, in October 2014.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani face charges of premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition.
Zondo’s office said Maumela remained the trial judge but currently “indisposed due to health reasons”.
If a party wishes to have a judge removed from a matter, it will need to bring an application to the court.
In June, the Meyiwa murder trial was postponed to July 17 because Maumela was ill.
Last week, the presidency announced the suspension of Maumela and his colleague Judge Nomonde Mngqibisa-Thusi, but said they would be allowed to finish court matters they had already started.
“Both judge Maumela and judge Mngqibisa-Thusi are suspended subject to the condition that they finalise their part-heard matters,” said President Cyril Ramaphosa’s spokesperson Vincent Magwenya.
Zondo's office said Maumela has 10 part-heard matters, which include the Meyiwa case, while Mngqibisa-Thusi still has to hear a leave-to-appeal application and to deliver two sentences this month.
One of Maumela’s part-heard matters was on the roll on July 3 for judgment on section 174, which the judge was on two previous occasions not ready to hand down.
Magwenya said the suspension of the two judges would allow a judicial conduct tribunal to investigate suspected misconduct regarding alleged excessive delays by the judges in handing down a significant number of judgments.
“The president [Ramaphosa] has taken this step in terms of Section 177(3) of the Constitution, which empowers the president to suspend a judge on the advice of the Judicial Service Commission (JSC),” Magwenya said.
“On 26 January 2023, the Judicial Service Commission accepted a recommendation of the Judicial Conduct Committee that there were reasonable grounds to suspect that the judges were guilty of misconduct in delaying the handing down of a significant number of judgments.”
• chabalalaj@sowetan.co.za
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